Questione giuridica chiave
Whether Weber’s payment for a one-off snow-clearing job qualifies as privileged 'Arbeitslöhne' under § 38 Ziff. 3 of the 1874 railway liquidation statute.
Decisione estratta
No. The privilege covers only wages of workers in a labor-service relationship with the railway company, not compensation for a single task performed by an independent tradesman.
Motivazione estratta
The court relied on its earlier Bernasconi case and held that 'Arbeitslöhne' must be interpreted narrowly. The legislative purpose is to protect persons in a dependent employment relationship and with typical neediness; Weber was an independent miller who undertook only an isolated job for a lump-sum fee.